8082.Sup[1][1]

8082.Sup[1][1].doc

Notice of Inconsistent Treatment or Administrative Adjustment Request (AAR)

OMB: 1545-0790

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SUPPORTING STATEMENT

(Form 8082)




1. CIRCUMSTANCES NECESSITATING COLLECTION OF INFORMATION


Internal Revenue Code section 6222 and Regulation 301.6222(b)-1 require partners whose partnership does not meet the “small partnership” exception described in section 6231 to notify the IRS when they report a partnership item on their return inconsistent with the way their partnership reported the item on its filed return. Internal Revenue Code section 6227 and Regulation 301.6227(b)-1 require partners whose partnership does not meet the “small partnership” exception described in section 6231 to notify the IRS when they change a partnership item on a previously filed return. Section 6244 extends this requirement to shareholders of S corporations. Section 860F extends this requirement to the residual of a REMIC. The following Code sections also require consistent reporting: Code section 6037 - shareholders in S corporations; Code section 6241 - partners in electing large partnerships; and Code section 6034A(c) - beneficiaries of estate and trusts.


2. USE OF DATA


The information is used by IRS to verify consistent reporting of items between partners and partnerships, shareholders and S corporation, residual holders and REMICs, and beneficiaries of estates and trusts.


3. USE OF IMPROVED INFORMATION TECHNOLOGY TO REDUCE BURDEN


We have no plans at this time to offer electronic filing.


4. EFFORTS TO IDENTIFY DUPLICATION


We have attempted to eliminate duplication within the agency wherever possible.

5. METHODS TO MINIMIZE BURDEN ON SMALL BUSINESSES OR OTHER SMALL ENTITIES


Not applicable.

6. CONSEQUENCES OF LESS FREQUENT COLLECTION ON FEDERAL PROGRAMS OR POLICY ACTIVITIES


Not applicable.




7. SPECIAL CIRCUMSTANCES REQUIRING DATA COLLECTION TO BE INCONSISTENT WITH GUIDELINES IN 5 CFR 1320.5(d)(2)


Not applicable.


8. CONSULTATION WITH INDIVIDUALS OUTSIDE OF THE AGENCY ON AVAILABILITY OF DATA, FREQUENCY OF COLLECTION, CLARITY OF INSTRUCTIONS AND FORMS, AND DATA ELEMENTS


Periodic meetings are held between IRS personnel and representatives of the American Bar Association, the National Society of Public Accountants, the American Institute of Certified Public Accountants, and other professional groups to discuss tax law and tax forms. During these meetings, there is an opportunity for those attending to make comments regarding Form 8082. In addition, we receive comments from other interested outside groups and from individuals.


In response to the Federal Register Notice dated July 31, 2009 (74 FR 38262), we received no comments during the comment period regarding Form 6252.


9. EXPLANATION OF DECISION TO PROVIDE ANY PAYMENT OR GIFT TO RESPONDENTS


Not applicable.


10. ASSURANCE OF CONFIDENTIALITY OF RESPONSES


Generally, tax returns and tax return information are confidential as required by 26 USC 6103.

11. JUSTIFICATION OF SENSITIVE QUESTIONS


Not applicable.


12. ESTIMATED BURDEN OF INFORMATION COLLECTION


Number of Time per

Responses Response Total hours


Form 8082 7,067 7.22 51,024

Estimates of the annualized cost to respondents for the hour burdens shown above are not available at this time.






The following regulations impose no additional burden. Please continue to assign OMB number 1545-0790 to these regulations:

301.6222(a)-2T

301.6222(b)-2T

301.6227(b)-1T


13. ESTIMATED TOTAL ANNUAL COST BURDEN TO RESPONDENTS


As suggested by OMB, our Federal Register Notice dated

July 31, 2009 (74 FR 38262), requested public comments on estimates of cost burden that are not captured in the estimates of burden hours, i.e., estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. However, we did not receive any responses from taxpayers on this subject. As a result, estimates of these cost burdens are not available at this time.


14. ESTIMATED ANNUALIZED COST TO THE FEDERAL GOVERNMENT


No change.


15. REASONS FOR CHANGE IN BURDEN

No changes

16. PLANS FOR TABULATION, STATISTICAL ANALYSIS AND PUBLICATION


Not applicable.


17. REASONS WHY DISPLAYING THE OMB EXPIRATION DATE IS

INAPPROPRIATE


See attachment.


18. EXCEPTIONS TO THE CERTIFICATION STATEMENT ON OMB FORM 83-I


Not applicable.


Note: The following paragraph applies to all of the collections of information in this submission:


An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.




OMB EXPIRATION DATE


We believe the public interest will be better served by not printing an expiration date on the form(s) in this package.


Printing the expiration date on the form will result in increased costs because of the need to replace inventories that become obsolete by passage of the expiration date each time OMB approval is renewed. Without printing the expiration date, supplies of the form could continue to be used.


The time period during which the current edition of the form(s) in this package will continue to be usable cannot be predicted. It could easily span several cycles of review and OMB clearance renewal. In addition, usage fluctuates unpredictably. This makes it necessary to maintain a substantial inventory of forms in the supply line at all times. This includes supplied owned by both the Government and the public. Reprinting of the form cannot be reliably scheduled to coincide with an OMB approval expiration date. This form may be privately printed by users at their own expense. Some businesses print complex and expensive marginally punched continuous versions, their expense, for use in their computers. The form may be printed by commercial printers and stocked for sale. In such cases, printing the expiration date on the form could result in extra costs to the users.


Not printing the expiration date on the form(s) will also avoid confusion among taxpayers who may have identical forms with different expiration dates in their possession.


For the above reasons we request authorization to omit printing the expiration date on the form(s) in this package.



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AuthorTQ1FB
Last Modified ByUS Department of Treasury
File Modified2010-02-25
File Created2010-02-25

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